Summary
If a creditor refuses to comply with a court order to present documentation, focus on their non-compliance with Ohios Rule 34 during pre-trial. Highlight the specific court order they failed to comply with, your attempts to obtain the documentation, and how the lack of documentation affects your case. Emphasize the impact on your ability to verify the debt, prepare a defense, and the fairness of the process. While Ohio doesnt have a specific law about providing the rest of a document if the first page is presented, Rule 34 requires relevant documents to be produced. Present the creditors non-compliance as a violation of this rule, affecting your defense and the legal processs fairness.Full Conversation
I am being sued by a creditor who refuses to comply with a court order to present documentation. I have filed a motion to dismiss but the judge wants to hear the argument at a pre trial. What do I say when I go to court?
Hi ****! At the pre-trial, you should focus on emphasizing the creditor’s non-compliance with the court order. Here are key points to mention:
- State the specific court order the creditor failed to comply with.
- Highlight any attempts you made to obtain the documentation.
- Explain how the lack of documentation affects your case.
- Request the judge to dismiss the case due to the creditor's non-compliance.
Do you need more details on any of these points?
What do I say specifically about how the lack of documentation affects my case
Hi ****! Here's how you can explain the impact of the lack of documentation on your case:
- Evidence: Without the requested documentation, you cannot verify the debt or its amount.
- Defense: It hinders your ability to prepare a proper defense.
- Fairness: It compromises the fairness of the legal process.
Would you like more details on any of these points?
What law in ohio says if you have the first page of a document you have to provide the rest
Case Rating: *
Hi ****! There isn't a specific law in Ohio that explicitly states if you have the first page of a document you must provide the rest. However, you can refer to the rules of discovery under the Ohio Rules of Civil Procedure, particularly Rule *, which deals with the production of documents. This rule requires parties to produce relevant documents in their possession, custody, or control when requested.
Would you like more specific details on Rule *?
Yes
Case Rating: *
Hi ****! Rule * of the Ohio Rules of Civil Procedure deals with the production of documents. Here’s a brief on it:
- Relevance: You can request any documents relevant to your case.
- Possession/Control: The party must produce documents in their possession or control.
- Specificity: Requests should be specific about the documents needed.
Would you like more details on how to frame your request under Rule *?
What law did they violate and how
Case Rating: *
Hi ****! The creditor may have violated the Ohio Rules of Civil Procedure, particularly Rule *, by not providing the requested documentation. This rule mandates that parties must produce relevant documents in their possession when requested.
Would you like more details on how to present this argument to the judge?
Yes
Case Rating: *
Hi ****! Here's how you can present this argument to the judge:
- Violation of Rule *: Explain that Rule * requires the creditor to produce relevant documents in their possession upon request.
- Non-Compliance: Highlight that the creditor's failure to provide the requested documentation is a direct violation of this rule.
- Impact on Case: Emphasize how this non-compliance hinders your ability to mount a proper defense and compromises the fairness of the legal process.
Would you like more specific wording or examples on how to present this?
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